The Nation Newspaper

Tag: rights

  • Access Bank extends N53b rights issue

    Access Bank extends N53b rights issue

    •Equities still bullish

    Shareholders of Access Bank Plc have been granted additional two weeks to pick up their rights in the ongoing rights issue of N52.6 billion.

    The management of the bank urged shareholders to take advantage of the extension to pick up their rights. It is expected that trading on the rights issue on the Nigerian Stock Exchange (NSE) will also continue during the period.

    Rising Access Bank’s share price helped the equities market to sustain its bullish run. The bank’s share price rose marginally by 0.15 per cent yesterday, substantially higher than 0.05 per cent recorded by the average benchmark index at the NSE, the All Share Index (ASI).

    Aggregate market value of all quoted equities on the NSE rose from N10.210 trillion to close at N10.215 trillion while the ASI inched up from its opening index of 30,601.13 points to close at 30,614.93 points. This moderated average year-to-date return to -11.66 per cent.

    Securities and Exchange Commission (SEC) approved the extension of Access Bank Plc’s rights issue to March 18, 2015. Access Bank is offering 7.63 billion ordinary shares of 50 kobo each to existing shareholders at N6.90 per share. The rights issue, which opened on January 26 2015, was initially scheduled to close yesterday.

    The bank stated that the extension of the acceptance period was done to give shareholders ample time to subscribe for their rights.

    Group Managing Director, Access Bank Plc, Mr. Herbert Wigwe, urged shareholders to take advantage of this extension to fully exercise their rights, assuring them of quality return on their investments.

    “We are going to give good returns on investment as our target is to be among top three banks in 2017,” Wigwe said.

    He added that the bank was already talking to institutional investors, high net-worth investors and individuals, particularly investors who understand the value of long term investments.

    Many shareholders have commended the performance of the bank and ability of its management to consistently enhance the quality and value of their investments.

    Damola Adekunle, a Lagos-based shareholder and self-avowed satisfied customer, expressed optimism that the rights issue would be fully subscribed citing the quality of the bank’s leadership and its vision.

    He added that some of the strategic initiatives and decisions taken in the last couple of years have signalled that the bank is heading in the right direction.

    The net proceeds of the issue will be used to boost the bank’s working capital, enhance its information technology and expand branch network. These are expected to ultimately lead to improved performance and returns to investors.

  • ‘Cousumer rights abuse is huge’

    ‘Cousumer rights abuse is huge’

    Mrs. Dupe Catherine Atoki is the Director-General, Consumer Protection Council  (CPC). In this interview with Legal Editor, JOHN UNACHUKWU,  she speaks on CPC’s  functions, its challenges and the suit between it and Nigerian Bottling company among others.

    You have been in the saddle as Director – General of the Consumer Protection Council(CPC).  What has your experience been like?

    For me, it’s been an exciting experience because I thrive in challenges and it’s an assignment that is full of challenges. The mandate of the council is to ensure that consumers’ rights and  interest are protected. We have over 150 million active consumers in Nigeria, marked against the diversity of products in local, international and also services that are rendered. So, you can imagine the stakeholders that we are actually looking at.

     

    What are your challenges?

    However, interesting as this should have been, the first challenge I have is consumer apathy,  which has resulted from the fact that over the years, Nigerians  have not  been able to gain the confidence of the agency to provide sufficient protection for them.  I also see that the consumer illiteracy is also one very big challenge,  because you cannot  protect people who don’t even know their rights at all.  It’s when you know your right that you assert it, but if you don’t, you remain docile, you remain trampled upon and you continue to be abused. So that is what  I found on resumption of office.

    Cousumer rights abuse in Nigeria is huge, we’ll overcome it.

     

    So, what did you do to start with?

    I carried out a survey across the nation and the consumer awareness was very low which gave me a great concern,  I  had to find a way to address  that challenge and increase, improve the consumer awareness in Nigeria. So also  I found  out that the agencies who are related in terms of products and services have not developed a system prior to now,  where they engage each other to the maximum benefit of such collaborations. And so, every agency has carved out its own tough and is protecting it very viciously and this is  detrimental to  consumer’s interests.

     

    How do you feel about this?

    Well,  if the agencies of government who, in my opinion, are building blocks to achieve the governance goal of government is not intertwined, then we will continue to remain very inefficient,  because even in building a house,  you must over lay the blocks, and that’s where you get a good and solid structure.

    You can imagine if you keep laying a block horizontally or vertically, that’s what governance is about and I think that agencies of government are instruments of governance for us to work together. I found that as an existing challenge and which has resulted in some of the agencies actually challenging the activities of the Consumer Protection Council, saying  out of ignorance  that the council does not have the powers to carry out its activities.

    Of course, funding will remain a challenge.

     

    What about funding, are  you well and fully funded?

    Government can never fully fund any organisation. It’s an utopia that we should not even attempt to have. But for us, it’s compounded by the fact that we do not generate income like some other agencies. We cannot charge complainants  for complaints that they  have brought, we are a pro-poor agency. So it’s there, but I really do not want to flag that out too heavily,  but it is a very important issue that needs to be addressed.  Because if we have to actualise one of the mandates of the council which is to educate consumers,  then we must be appropriately funded to be able to use all the various media, all the various public media to engage consumers to understand what their rights are. But I think that the government, when it is sufficiently sensitised about the role and the activities of CPC and its relevance to the  economic development, should be able to give a second thought to the issue of adequate funding. So, briefly, those are the full challenges that I have.

     

    What is the structure of the council, how many branch offices do you have?

    In terms of the structure of the council, there are just seven offices one  in each of the geo-political zones and an extra one for Lagos because of the commercial activities in Lagos and our headquarters. In a country where we have over 170 million people, I think that is grossly inadequate. And with a staff strength of barely 250, that again is a challenge, a great one which I believe that we need  to address urgently.

     

    What steps have you taken to  address all these challenges?

    Well, government is is a continuous thing,  You do your best at your time and others will do their own best at their own time.  It will continue like that till it gets to perfection

    On consumer education, you cannot do much if you don’t  have money, but then, we have improved our website. We have improved our social media outreach which is zero cost. And we have been engaging a lot of people on social media. I’m in contact with some international donors who can independently support the council without any compromise and I think very shortly, we will  receive good response from some of them who are  willing to support our consumer education programmes. Like I said, government cannot fully fund you, in the year coming, as we finalise the process, we’ll be able to get support for consumer education while at the same time making our point to government for the need to improve the funding of the council. Again, in terms of staff, that’s also a very tricky one because it’s also tied to some financial incentives which at the end of the day government has to approve,  we have also made our request for staff. But in the interim, we will make do with what we have.

     

    Have you considered collaboration with other organisations as a possible alternative to funding?

    In terms of collaboration, I think that in the  year coming, we have agreed with some of the agencies that we will have an overlap with,  for instance, the standards organisation of Nigeria (SON), both of us are actually in the same ministry. We have had a chat and we have come to conclusion that we need to work with each other because they develop standards but they don’t have the powers to enforce the standards in favour  of consumers. The powers that they have is to sanitise the industry by either removing those products from the market, destroying them or sealing the premises. It doesn’t translate to consumer education so, at the end of the day, the consumer education, in ensuring remedy for the victims of violation of those standards are indirectly enforcing the standards that the SON has set.

    So, we have come to the conclusion that because we do have powers of enforcements, which they do not have.  And so, I think that  we will be taking each of these organisations one by one, those of them who are amenable to such collaborations, we’ll work together.

     

    Back to collaboration, why can’t you collaborate with some multinational companies and  such NGOs that are operating within or share similar vision with your organization?

    With NGOS, I don’t have any problem. They are Non- Governmental organisations. If they are registered to protect consumers.

    With NGOs, we are good to go on those of them who are ready and are on the ground and actually working for the protection of consumers, but with the multinationals, I think it’s a no-go area for us. They are the organisations or businesses for which we would have to enforce the Act against  in the event where they have not complied with the Consumer Protection Act. And for me, I think that I would rather stay clear of any area of compromise and deal with whatever challenge I have in another way. If there are opportunities to collaborate on the technical level which will not arm twist us, that’s fine. But at the moment, I’m working with other international funders who are actually ready to support the work of the consumers. Those funders are impartial, in fact, they are in business to fund and so, I don’t have any problem relating with them and I’m quite happy that I’m not going to be blackmailed at some point in time into submission when I call upon such organisations to comply with the Act.

    We read in the media recently, of a matter involving the agency and Coca-Cola, that you took Nigerian Bottling Company bottlers of coca-cola to court,  what actually happened?

    Ahead of my statement, let me say they went to court first, so they started this legal tango. And to say when we know this is already in court, so its subjudice, but what I would let the public know is what they already know via the media,  that there was a complaint on a product of  Nigerian Bottling Company (NBC), licensed under the authority of Coca- cola  product of sprite which was half  filled and was purchased and the person complained. Surprisingly, because Nigerians don’t care, and  would say ‘well, this is Nigeria.  But because we believe the time has come for every infraction, no matter how minor it is, as long as it doesn’t give value for money for consumers, we must look into it. It’s easy to say ‘what’s the big deal’, which is what everybody, most people have responded, “what’s the big deal about half can of sprite when there are cockroaches and there are flies and whatever, but there is a starting point. And so the council took it up to invite the parties and conducted  an investigation which lasted about three months when documents were received, onsite visits to the factories were carried out and we came to the conclusion that there were much more infractions beyond the two half cans of sprite and we addressed those infractions via  recommendation we made known to the public as well as the company to improve.

  • IBA publishes ‘principles’ on business, rights

    The International Bar Association (IBA) Business and Human Rights Working Group has published guidlines for bar associations and business lawyers on the implementation of the United Nations (UN) Guiding Principles on Business and Human Rights.

    It is the first of its kind since the UN Human Rights Council endorsed the Guiding Principles in 2011 and was released in Tokyo, Japan at IBA’s Annual General Conference last week.

    It is divided into two working documents, one for bar associations (11 pages) and the other for business lawyers practising as in-house counsel and law firms (60 pages).

    Its aims are: to encourage bar associations to improve the understanding of the relevance and applicability of business and human rights principles; urge bar associations to develop an overall strategy for integrating the guiding principles into the practice of law; provide information to heighten awareness of the implications of the guiding principles; and to serve as a training tool for current and future legal professionals.

    For business lawyers, the principles explores the ways in which the guiding principles may be relevant to the advice they provide clients, consistent with their professional ethical responsibility as lawyers to uphold the law, to act in their clients’ best interests and to preserve clients’ confidences; reviews potential implications of the guiding principles for law firms as business enterprises with their own responsibility to respect human rights, focusing on services rendered to clients; and will assist the representation of the legal profession in the design of business and human rights policies before policy makers, governments and legislatures.

    The culmination of a six-month consultation and drafting process, working in collaboration with the IBA Corporate Social Responsibility (CSR) Committee and facilitated by the IBA Legal Projects Team, the IBA Working Group Guidance reviewed the implications of the guiding principles for the global legal profession and provides practical support for their implementation.

    Commenting on the release, IBA President Michael Reynolds said: “In recognising the essential role that lawyers play in upholding the rule of law, and that they can provide advice on human rights in client business transactions in a manner that greatly enhances the value of their legal services, the IBA Guidance aims to support the development of a global strategy for the integration of the principles into legal practice.

    “The Guiding Principles recognise that the responsibility to respect human rights is a global standard of expected conduct for all businesses, and that measures are required to address the impact of human rights on commercial practices and enterprises. The promotion of integrity standards and the rule of law are at the core of the work of the IBA, and through our leadership we intend to mobilise the legal profession to take affirmative steps to integrate the Guiding Principles in the services they provide to their clients”

    The Chairman, IBA Business and Human Rights Working Group, John F Sherman III said: “Since the endorsement of the Guiding Principles, businesses are increasingly turning to their legal advisors for assistance on their implementation. This guidance is designed to support those bar associations and business lawyers to understand the implications of the Guiding Principles to effectively counsel their clients and ultimately help business enterprises to fulfil their responsibility to respect human rights.”

    Over the next 12 months, the IBA Business and Human Rights Working Group said it would solicit feedback from several national bar associations, including the  Nigerian Bar Association (NBA), Spanish National Bar, the Law Society of Namibia, and the Costa Rican Bar Association.

  • ‘Why rights abuse by police has reduced in Lagos’

    ‘Why rights abuse by police has reduced in Lagos’

    The Crime Victims Foundation Nigeria (CRIVIFON) has btrained 218 officers within the rank of Constable and Chief Supretendent on human rights, reports ADEBISI ONANUGA. 

    The Police, in the eyes of many, are human rights violators rather than protectors. But in a bid to change that perception, officers are undergoing courses on human rights, courtesy of a non-governmental organisation (NGO),  the Crime Victims Foundation Nigeria (CRIVIFON).

    Last week, 218 officers from the rank of Constables to Chief Supretendent of Police graduated from the court.

    They bring to 14,000 the number of officers so far trained within the last eight years.

    The Assistant Inspector-General of Police, Zone 2 Command, Onikan was represented at the ceremony by CSP Banji Lawal.

    The Executive Director, CRIVIFON, Gloria Egbuji said the police officers were trained on Chapter 4 of the 1999 Constitution, Code of Conduct for Law Enforcement Officials, Interpersonal Skills and Humanitarian Laws, Police Powers, among others.

    Egbuji said those trained were drawn from the various commands including Railways, Airport and Zone 2.

    “Our vision for the programme had been to develop and implement positive result oriented capacity building and human rights culture in Nigerian Police and to use that programme to eradicate the human rights abuses and corrupt practices among police officers and the public.”

    She added that through the  programme, “the abuse of  rights has dropped to minimal level in Lagos State. Lagos Police formations now have much higher standard in human rights observance than other states due to the benefits of the training and awareness created by the programme.”.

    According to Egbuji, virtually all the divisions in the state is now manned by trained human rights desk officers whoensure a better climate for crime control and people-friendly policing.

    She advised the public to take advantage of the programme and report all cases of human rights abuses.

    Egbuji disclosed that the police authority is  working  on making the human rights course compulsory at Police Colleges and other training institutions.

    The Senior Public Information Officer, United Nations Information Center (UNIC), Envera Selimovic urged the police to always respect the rights of the people in the course of discharging their duties.

    She said the police has a duty to protect the rights of the Nigerians and not to abuse it, adding that the United Nations (UN) has set aside a day to mark human rights day across the globe and  would expect the police to be part of it.

    The Commissioner of Police, Kayode Aderanti said that the command has established functional human rights desks in all formations manned by trained officers.

    He said  this has led to reduced cases of alleged human rights abuses and helped to improve police’ image.

    The command, he said, is determined to eradicate all forms of rights abuses, adding that despite challenges, the force has continued to fashion out proactive measures to deliver on its constitutional mandate of safeguarding lives and property.

    Aderanti added that the training received by the officers over the years has resulted in the command’s improved human rights record.

    The national coordinator, Network on Police Reform in Nigeria (NOPRIN), Okechukwu Nwanguama, in a keynote address observed that the duties of the Police are a direct consequence of the powers conferred on it by laws which regulate its performance of duties  relating to arrest, detention and the use of force among others.

    Nwanguama, represented by Prince Apata Akinsemoy, said any exercise of power by the police which does not strictly conform to the prescriptions of the laws can have unpleasant consequences.

    Such laws, he said, include the Constitution, the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, among others.

    The governor of the 20th batch of trainees, CSP Oluwole Paul, on behalf of his colleagues, pledged that they would propagate the ethics of human rights in all they do at their various duty posts.

    “Anything contrary to this will be tantamount to stirring up a hornet’s nest especially now that the public is getting more and more enlightened about their fundamental rights”.

    According to Oluwole, the consequences of several human rights abuses unconsciously committed against the public has made the police look like an anti-people organization.

     

     

     

  • Human Rights police officers graduate

    The twentieth graduation ceremony of Human Rights Police Officers will hold on Thursday.

    The Police men who were trained by the Crime Victims Foundation Nigeria (CRIVIFON) under an arrangement with the Police will graduate at an event to be held at the Police College, Ikeja by 10.00a.m.

    CRIVIFON Executive DirectorMrs. Gloria Egbuji said Lagos State Governor Babatunde Fashola (SAN) and the Inspector-General of Police, Sulaiman Abbah will be special guests of honour.

    The Treasurer,  national Union of Road Transport workers, (NURTW), Alhaji Musiliu Akinsanya will chair the event, while Chief Wale Bite would be the Father of the Day.

     

  • NUFBTE to address rights abuses by employers

    NUFBTE to address rights abuses by employers

    The Leadership of the National Union of Food Beverage and Tobacco Employees (NUFBTE), said it would exploit every Industrial Relations avenue to checkmate the arbitrariness of employers in the work place..

    The National President of the union, Comrade Lateef Oyelekan at the National Executive Meeting (NEC) in Lagos expressed dismay at the flagrant abuse of the workers’ right by some employers, most especially in the area of redundancy.

    Citing the present disaffection against the management of Fan Milk in Ibadan over the unilateral and unprocedural termination of over 65 staff without recourse to the union, Oyelekan said the union would ensure that justice prevails.

    He said: “We will use all the means available to us in the area of industrial relations, including strike to ensure that our members in Fan Milk and other companies are not just sacked anyhow without carrying the union along. We understand the fact that the employer has the right to hire and fire, but under our contractual agreement, it should be done with the consent of the union.”

    The NUFBTE President therefore charged the employers body, Association of Food Beverage and Tobacco Employers (AFBTE) to call its members to order in a bid to ensure that peace continues to reign in the sector.

    “As we have understanding at our NEC, we once again seek the cooperation of AFBTE to appeal to their members who flagrantly go against labour the policy”, he said.

    Oyelekan who lamented the state of unemployment in the country said the employers ought to be supporting government in ameliorating the crisis rather than increasing the number due to their selfish reason.

    He however noted that its union has made a remarkable contribution to reducing the state of unemployment in the country through several investments the present leadership has undertaken.

    He said unemployment is a devil which must be tackled by all, stressing that government alone cannot address the problem of unemployment.

    On the state of the nation, the NUFBTE boss said the continued assault of Boko Haram insurgents and the outbreak of Ebola Virus Disease called for renewed efforts from the government.

    He  said: “The ironic and painful aspect of this security and health challenges is the glaring fact that the government in power has relegated these vital issues to the background and instead has brazenly chosen to concentrate undue efforts on 2015 re-elections at all cost. The helpless situations across the length and breadth of the nation calls for extra-security and health alert on the part of every citizens and residents.”

  • Agency, rights commission seek end to female bombing

    The United Nations High Commission on Refugees (UNHCR) and the National Human Rights Commission (NHRC) have deplored the increasing usage of young females as suicide bombers by the extremist group, Boko Haram.

    As a way out, they called for increased awareness among the nation’s youths on the need for peace building and harmonious relationship among members of every society.

    The UNHCR representative to Nigeria and the Economic Community of West African States (ECOWAS), Angele Dikongue-Atangana and Executive Secretary, NHRC, Professor Bem Angwe said these during a visit to the NHRC’s Abuja office by a group of children.

    Prof. Angwe said it is imperative on every adult member of the society to inculcate the spirit of love, peace and harmonious relation in young children. This, he said, could serve as an antidote to hatred and violence which breed insecurity.

    He said it was important for parents to give their children a sense of responsibility from the scratch by involving them in the process of mediating and resolving conflict situations. This, he added, will help make them responsible citizens, capable of contributing to prevention of rancour and violence in the society.

    NHRC’s Chief Press Officer, Fatimah Agwai Mohammed, in a statement, quoted Dikongue-Atangana as saying sustained peace in the country was important for the development of the African continent.

    She urged Nigerians and the country’s leadership to do all to ensure peaceful co-existence among the people, because “what affects Nigeria affects Africa at large.”

    Mrs. Kate Alkali, who led the children, said though conflict was inevitable in every human society, efforts must be sustained to minimise conflict in view of its negative implication if left uncontained.

     

  • Right to life as mother of all rights

    Right to life as mother of all rights

    The book begins with an overview of the 16 chapters. It starts with the first chapter, which deals with constitutional concepts and focuses on the primary concern of constitutional law. The second chapter is focused on the legal regime of amalgamation in Nigeria, which the authors indicate as absent in earlier works. Chapter three chronicles the journey from Nigeria’s dependence to independence; Chapter Four looks at constitutional developments in Nigeria from 1900 to 1999 beginning with the annexation of Lagos in 1861 and carefully reviews all constitutions from the Clifford Constituion of 1922 to the 1999 Constitution.

    Chapter five specifically addresses the literal and liberal approaches to interpretation of the constitution. It looks at the canons of interpretation and focuses on the interpretative jurisdiction of the judiciary on account of Section 6 of the 1999 Constitution. Chapter Six looks at the Fundamental objectives and directive principles of state policy. Chapter Seven deals with fundamental rights, here each of the constitutional provisions on Fundamenatl Rights were clearly set out and discussed with the aid of decided cases. Chapters Eight, Nine and 10 deal with the Judiciary, Executive and Legislature respectively. Chapter 11 covers citizenship; Chapter 12 deals exhaustively with the principles of locus standi. Here the authors contend that the rigid rules about locus standi have to be relaxed and brings a new dimension, that all tax paying adults in the local government council area are to be invested with the rights to call the council to order whether or not their individual interests are adversely affected.

    Chapter 13 examines access to information as fundamental human right, it juxtaposes the experiences of the other jurisdictions to bear on the issue. Chapter 14 covers both freedom of information as well as national security in Nigeria, it touches on Nigerian secrecy laws, the scope of the Freedom of Information Act and the concept of national security. Lastly, Chapter 15 and 16 deal with presidential powers and states of emergency as it has been invoked in the governance of Nigeria. The chapter reviews the first state of emergency declared in Nigeria in 1962 and the cascades to the emergency declaration in Plateau and Ekiti States  under President Olusegun Obasanjo and President Goodluck Ebele Jonathan. In these last two chapters very salient legal and constitutional questions are raised

     

    Constitutional law concepts

     

    This chapter begins with the rudimentary, reminding the reader of the relevance of certain very salient concepts. Perhaps this chapter would be considered to be one the most crucial as it lays the foundation for further discourse. The authors begin by classifying pertinent concepts that pertain to the constitution and follows with some relevant definitions. It is worthy to note that the authors think that “no country can afford to have a weak central government that will have coordinate powers with state government in this present age of science and technology when the survival of countries, as a whole, is the main concern of federal governments”, further proffering that what is needed is equality of states and central governments in a federation

     

    Legal regime of amalgamation in  Nigeria

     

    This chapter gives a brief historical account of the amalgamation of the Northern and Southern protectorates and the real reasons behind the amalgamation and the system of administration adopted. The chapter addresses  various academic studies on the economic and fiscal policies of the British before 1914 and the impact of the unprofitability of two separate protectorates as a result of the vast territory without the requisite manpower which would not have been in the interest of the British had they not been brought together. The authors review the system of indirect rule as practised in the Northern and Southern protectorates and the setting up of an advisory body known as the Nigerian Council which served mainly as a deliberation and advisory body. The authors are critical about the council and refer to various scholars who indicate that traditional chief had no functions at all. Very interestingly, the authors are of the view that if the objective of the colonial administration was the independence of Nigeria, then this had hadly begun because Nigerians were bystanders.

     

     Constitutional developments in Nigeria from 1900-1999

     

    This chapter is an empirical research on constitutional developments in Nigeria since the annexation of Lagos in 1861. The historical nature of this chapter is central considering its relevance in giving the reader an in-depth understanding of Nigeria’s constitutional history. By the nature of this chapter, it shall be considered the most important. The chapter begins with the administration of three entities (the Colony of Lagos, the Protectorate of Southern Nigeria and the Protectorate of Northern Nigeria) under Lord Lugard which was later reduced to two entities in 1914 and in 1919 became the Colony and Protectorate of Nigeria. The authors review the Clifford era where a new legislative council was set up and later gave birth to the Clifford Constitution in 1922, the principle feature being its elective principle and political awakening. The authors also review the Bernard Bourdillon era which led to the Richards Constitution in 1944 which had at its mainstream to bring the Northern Provinces into the Nigerian Political development, this brought about some criticisms as the North had no political organisations.

    The authors also discuss another important landmark in our constitutional history, which is the breakdown of the Macpherson Constitution. The authors indicate that inherent in the constitution are the perceived weaknesses in the system which include its failure to provide responsible government at the centre due to allegiance of ministers to their regions,  hence the Lyttleton Constitution was born and heralded as the first genuine Federal Constitution of Nigeria that enhanced the standard of the Regional Legislatures and governments. The authors also drew light on the Independence Constitution of 1960 which brought various fundamental changes, so also was the review of the Republican Constitution of 1963 to reflect more realistically on the independence and sovereignty of Nigeria and was promulgated as an entirely new independent instrument to reveal its indigenous character and political autonomy

     

    Principles of constitutional interpretation in Nigeria

     

    This chapter focuses on the Interpretative jurisdiction of the Judiciary by virtue of Section 6 of the 1999 Constitution which confers judicial powers and in so interpreting the courts have recourse to certain canons or rules of interpretation as justice of each case demands. In this chapter the authors look at the canons of interpretation of statutes and also make a distinction between interpretation of statutes and constitution. The authors give an exhaustive discussion on the literal and liberal approach and rightly recall the case of Attorney-General of Bendel State .v. Attorney General of the Federation as the premise for constitutional interpretation.

    Fundamental objectives and directive principles of state policy

     

    This chapter looks in detail at the Fundamental Objectives and Directive Principles of States Policy, with the particular novelties in the 1999 Constitution which were absent in the 1979 Constitution. The authors have looked at Sections 13-24 of the 1999 Constitution and highlight various novelties. Unfortunately, the authors reiterate the non-justiciability of the rights and indicate that they run subsidiary to the fundamental rights contained in Chapter IV of the 1999 Constitution.

     

    Fundamental rights

     

    The authors state that the rights as enshrined in the constitution are the rights which the executive, the legislature and the judiciary are all enjoined to protect. This chapter is thoroughly exhaustive as the authors will give a very detailed analysis on all the rights as enshrined in the 1999 Constitution. Firstly, the authors begin with the foundation of making the very important distinction between human rights and Fundamental rights and further  classifying the rights into three categories, absolute, qualified and protection rights. It is based on this classification that authors go on a voyage on the analysis of every right as enshrined in the constitution.  The authors review the Right to Life as the first generation right and acknowledge that the right to life is the mother of all rights known to mankind and further indicate that the right to life is an inalienable right and individuals lack the ability to forfeit it. The attitude of the courts on the Right to Life in Nigeria was carefully analysed by the use of case law. It is worthy to note at this juncture that the chapter is an explosion of case law and review and the reader is placed at a vantage in a clearer understanding of the intricate nature of these rights. The case of Bello v. A.G of Oyo State whichclearly gave an exception to s.33(1) where the apex court unanimously held that by execution, the deceased had lost both his right to life and the right to prosecute his appeal. Also the authors introduced the case of Gbemre v. Shell where the Nigerian Federal High Court held that the Right to Life in Nigeria is extended to healthy environment

     

    The Judiciary

     

    One of the important tenets of our Constitution is the Separation of Powers. Here, the authors have given an exhaustive analysis on the judiciary, particularly focusing on its independence. This chapter lays some very fundamental issues, apart from the preliminary which deal in part with the jurisdiction of the courts, here the authors have delved into more complex issues. They juxtapose the provisions of the 1979, 1985 (Draft) and 1999 Constitution. The authors look at various innovations in the latter constititution as well as impediments as it affects the independence of the Judiciary.

     

    The Executive

     

    In this chapter, the authors look at the merits of the Single Chief Executive as opposed to the plural executive of the parliamentary, here the authors contend that the single chief executive has the merit of unity, energy and dispatch which are the ingredients of good government. The authors further analyse aspects of the constitution that strengthens executive independence, most profoundly discussed was the case of Incorporated Trustees of Nigeria Bar Associationand others v. Attorney-General of the Federation. In this case, the authors challenge the constitutionality of the action taken by the National Assembly and uphold the view that the decision was unconstitutional.

     

    The Legislature

     

    The legislature does a whole lot more than law making, the authors will reveal the constitutional balancing roles and numerous oversight

    This chapter deals with the details of the legislative arm of government and will reveal its numerous oversight responsibilities. This chapter brings out the relevant constitutional provisions regarding their powers, functions, composition, and how members can be removed. The authors contend that watertight compartmentalisation is old fashioned and unworkable in the present democratic setting, thus why the representatives of the people in the legislature have oversight functions. The authors further postulate that the constitution makes no pretence to turn the legislature to an alternative judicial body which runs contrary to the theory of separation of powers on which the constitution stands.

     

    Citizenship

     

    The chapter reviews citizenship in Nigeria by looking at citizenship pre and post independence. The authors highlight past constitutions and the present constitution created under section 7 of the Independence Constitution of 1960, chapter 2 of 1963 Constitution, Chapter 3 1979 Constitution and now Chapter 3 1999 Constitution. Interestingly, the authors note that all constitutions failed to provide for the definition of a Nigerian Citizen but rather provide for the means of its acquisition and other matters relating. The chapter basically reviews all rights guaranteed by the constitution for the enjoyment of citizens, how citizenship can be acquired in Nigeria by virtue of s.25, 26 and 27, denunciation of citizenship s.29, Deprivation of citizenship s.30 and dual citizenships s. 28 of the 1999 Constitution.

     

    Judicial interpretation of the principle of Locus Standi in Nigeria

     

    This chapter adduces the reasons for the existence of the principle of locus standi and its characteristics. It gives an in-depth analysis with case law on what constitutes sufficient interest or not. The chapter is subjected to a thorough critical analysis and will expose the reader to very interesting arguments on whether or not there are consistent criteria for the granting of locus standi. This chapter is in several folds as it looks at locus standi in enforcement of fundamental rights, the position of the Attorney General and the inherent abuses.

    The controversies surrounding the issues of locus standi is well discussed by the authors in this very exhaustive and lengthy chapter. First, the authors address its strict interpretation as encapsulated in the case of Adesanya v. President 1981 2 NCLR 358 which was decided under the 1999 Constitution and then  makes a shift to a more lenient interpretation by virtue s.36 (1); s.46 (1) and s.6 (6) (b) of the 1999 Constitution and Order 1 Rule 2(1) of the Fundamental Rights Enforcement Procedure) Rules and arrives at the revolutionary judgement in the case of Fawehinmi v. President F.R.N (2007) 14 NWLR (Pt 1054) 275

    Flowing from  Section 46 (1) of the 1999 Constitution where the proceeding for human rights enforcement is instituted by the victim only, the authors analyse it from the view of Locus Standi to enforce Human Rights on Behalf of a Person. Here the authors elaborate on some very interesting case law, Richard Oma Ahonaruogho v. Governor of Lagos State and Ozekhome v. The President.The authors also brilliantly do a comparism between  Section 46(1) of the 1999 Constitution of Nigeria and Section 18(1) of the 1996 Constitution of Botswana and identifies the problems inherent in the restrictive interpretation of the two provisions. The author’s identify and proffer that the s.38 of the 1996 Constitution of South Africa has a very robust interpretation and is wider than the Nigerian and Botswana Constitution.

     

    Access to information as a  fundamental right

     

    This chapter focuses on the desirability of having access to information as a fundamental right and the compelling arguments for and against it. The authors bring in very compelling postulations from various scholars on the subject matter, some are worthy of mention The authors have rightfully quoted Sekhar, who states that “democracy requires an informed citizenry and transparency of governance which are vital to its functioning and also to contain corruption to hold governments and their instrumentalities accountable to the governed”.

     

  • Rights abuse during elections

    The 1999 Nigerian Constitution, as amended, elaborately provides for fundamental human rights in sections 33-44. The constitution however in section 45 provides for derogation to the fundamental rights guaranteed in sections 37, 38, 39, 40 and 41, on a limited circumstance. That restriction on rights exists with respect to only a “law that is reasonably justifiable in a democratic society – in the interest of defence, public safety, public order, public morality or public health, or – for the purpose of protecting the rights and freedom of other persons”. The constitution also makes allowance for certain acts of parliament in “the period of emergency”.

    Considering this limited provision for constitutional infractions, it is fair to ask on what basis are we experiencing widespread infractions of the fundamental rights of partisans during elections; which cannot be justified on the exceptions in Section 45 of the 1999 Constitution, as there are no provisions in the electoral law made to derogate the fundamental rights of persons under that section. So on what basis does our security agencies engage in clear abuse of the rights of citizens, through arbitrary arrests and detention during the preparations for elections, all in the name of security. Recall that before Governor Kayode Fayemi of Ekiti was defeated in the last state gubernatorial election in questionable circumstance, his fundamental right and that of his followers to freedom of movement as enshrined in Section 41 of the 1999 Constitution were allegedly threatened. Also affected were the rights of his supporters and colleagues from other parts of the country.

    While Governor Rauf Alegbesola may have convincingly won a deserved re-election for a second term as the Governor of Osun State, the fact that a number of his supporters and party officials were allegedly arrested and detained before the election gives cause for concern. Also, the allegation that hooded men paraded as security agents before the election and had a field day threatening and intimidating citizens of Osun State, as if such conducts constitute part of their security brief, deserves to be thoroughly investigated and where there are infractions, those responsible should be punished. It will be unreasonable for all the alleged breaches of security protocols to be swept under the carpet, without any lessons for those who may have abused the laws of our land, for partisan purposes, being held to account.

    Part of the responsibility of our democratic process should be to train the police and the military agencies, if we must use them, for civil purposes during election. While the democratic process envisages that only the police authority should be engaged during elections, as the responsibility of the military are clearly spelt out under the law, our experience is however that our military personnel are also engaged to provide security during elections. So, it might pay our democracy better, if there is a special training for the security personnel that will be engaged during elections. If we consider the fact that security agencies will be drawn thin during the 2015 general elections which will take place simultaneously across the country, with the commander-in-chief as a partisan, then it will be understood why our security agencies must be engaged in a training process to make then less partisan.

    Such tutorial will be necessary to enable the security agencies to understand the need to respect the fundamental provisions of our constitution, so as not to bread fundamental ill-feeling that can jeopardise our fledging democracy. During that process the leadership of the security agencies, should be engaged by international institutional agencies to appreciate the difference between obedience to the laws of the land and obedience to the temporal office holders, such the President, the Governor or even high ranking legislative officials across the land. As we experience during elections, many of the agencies have the illusion that their primary responsibility is to ensure the success of the party of the commander-in-chief or the executive governor or other high ranking state official, even at the detriment of the survival of the very process, which is the democratic governance, that produced the official, for whom the security agent has become glaringly partisan.

     

    The threat from Ebola

     

    The closest to the threat from Ebola Viral Disease (EVD), I guess, is the remote fear of a nuclear show down between the world powers. Even the fearful Acquired Immune Deficiency Syndrome (AIDS) does not have as much potency as EVD to disrupt over lives. The simple reason for this near helplessness is the fact that one can become a victim of EVD, even with great circumspection, unlike AIDS. That perhaps explains the mass hysteria that herald the birth of the disease in Nigeria.

    Thankfully the federal and Lagos State governments are taking steps to contain the dreadful disease. It is such a hard task, considering the population of our country and the boisterous nature of our living. As many are asking, how on earth can we contain a disease that transmits by contact, when we must go to market, hop into a bus, warmly embrace our neighbours and eat whatever we can on the go? But as we experienced during the last Sunday service, the usual handshake which forms part of the mass ritual in the Catholic Church was skipped. Even the children are getting sensitised after their early morning bath within last week following the ridiculous hysteria that bathing with salt and warm water is an antidote to EVD.

    Thankfully again the doctors have called off their strike. While I sympathise with them over their demand for a better working condition, it would be ridiculous for them to keep away form work during this type of emergency. The world must find a cure for EVD, fast enough.

  • ‘Child Rights Act gets action plan’

    ‘Child Rights Act gets action plan’

     A meeting of some stakeholders from three states has been held in Lagos to assess the implementation of the Child Rights Act of 2003. ADEBISI ONANUGA reports

    CHILD abuse, rape of the girl-child,domestic violence and other vices against the child were discussed as stakeholders from three states converged on Lagos to review the Child Rights Act.

    Bayelsa, Cross River and Lagos State are among the nine that United Nations  International Children’s Education Fund (UNICEF) is using for the law’s enforcement. Others are  Imo, Anambra, Benue, Yobe, Kastina  and  Osun.

    The workshop with the theme: ‘Self-assessment of the Child Rights Law in Lagos, Bayelsa and Cross River states’ was organised by UNICEF and funded by the European Union (EU).

    It attracted stakeholders from the Ministry of Justice, Ministry of Women Affairs and Empowerment (MWAPA), the Police, Child Protection Network (CPN), National Human Right Commission (NHRC), the Bench and the bar in the three states, Non-Governmental Organisations(NGOs) and the media in the three states.

    They looked into implementation and enforcement of the act and came up with fresh action plans on enforcement to stem the increasing tide of the vices. Of the three states,  only Bayelsa is yet to domesticate the law.

    On November 20, 1989, the United Nations General Assembly adopted the Convention on the Rights of the Child (CRC). The convention was later adopted by the assembly of Heads of States and Governments of the Organisation of African Unity (OAU, now African Union (AU) as the African Union Charter on the Rights and Welfare of the Child (CRCW) in July 1990. Nigeria has signed both the International Instruments and had ratified them in 1991 and 2000. Both protocols reflect children as human beings and as subjects of their own rights.

    After  heated debates, the bill was eventually passed into law by the National Assembly in July 2003. It was assented to by former President Olusegun Obasanjo in September 2003, and promulgated as the Child Rights Act 2003. Regrettably, only 24 of the country’s 36 states have passed the Act to date but with little or no enforcement in majority of such states. The Act is a legal document that sets out the rights and responsibilities of a child in Nigeria and provides for a system of child justice administration. It recognises the rights of children, restores their confidence and self-esteem and improves their status. It also enables children with disabilities, to enjoy their rights fully, as it provides special measures for their care and protection.

    But in spite of the good intention of the law, developments in the country indicate that  the law has not translated into improved legal protection for the child throughout the federation. Several issues such as sexual violence, particularly rape of the underage, children living or hawking on the streets, children affected by communal conflict, drug abuse, human trafficking coupled with the weaknesses of the juvenile justice system, have remained a challenge to a successful enforcement of the Act.

    Besides, the three states it was revealed that the implementation of the Act is faced with similar challenges. It was discovered, for instance, that all the states have challenges with the Police, even when there are Juvenile Officers.

    Vernice Guthrie told participants what was expected of them at the workshop. According to her, participants were expected to identify the gaps since  implementation of the Act commenced after its domestication, how to improve on the gaps and come up with a work plan for their respective states on the implementation:

    UNICEF Child Protection Specialist, Mrs. Maryam Enegiazu, who gave an overview of the programme, said since the states domesticated the Act, not much effort have been seen to advance the cause of the right of the child in Nigeria, especially to achieve international standard.

    She said this explained why UNICEF is taking the issue of the child with all seriousness, particularly on education, health, protection against violence, abuse and exploitation among others.

    She said the organisation has been working in adhoc manner by providing training for the Police and lawyers but without achieving the desired  result, hence the reason for organising a workshop of this nature.

    Despite of the domestication of the Act in most states, Mrs, Enegiazu lamented that the issue of rape has been on the increase. She said  their expectation was that states would provide protective environment for the child but that this has not been the case. She said the UNICEF is now placing emphasis on strengthening the social partners to protect the child, particularly in states that have domesticated the Act.

    For instance, Hon. Ebamua Empere of Bayelsa State House of Assembly said at an attempt was once made in his state to domesticate the law.  He said the bill came before the assembly in 2010 but was sent back to the executive to correct some lacuna discovered in it so that it could be passed and domesticated in the state.

    Head, Family Court, High Court of Lagos State, Justice Yetunde Idowu, who gave an account of the situation in the state, said  its problems were so many because of its nature. Justice Idowu said, Lagos like other states, has witnessed increased child rape and child hawking among other abuses. She also said  there were abuses against the child even at home. She said the state government has, however, taken it upon itself to stem the tide.

    According to Justice Idowu, a lot of sensitisation is on-going in Lagos, adding: ”People are being made aware of their rights,  that where to go when raped is the Mirabel Centre at LASUTH in Ikeja or the police station. We have also been creating awareness in schools among female students that nobody has the right to touch their body.”

    She lamented that in some cases, the culture of the people was  a challenge  where abuses are coming from the family. She said there was need to let the women know that while they are to be submissive to their husbands, they should not keep quiet when their husband is defiling their female child.

    UNICEF Project Coordinator, Vernice  Guthrie, said at the end of the one week workshop, stakeholders the three states met her expectations in the sense  that they all came together and engage on honest discussions about the degree that their respective states had met statutory obligation about Child Rights Act.

    “I think they have done that and they have done it quite effectively. Some of the gaps identified will require reform of the law absolutely”, she noted.

    Guthrie said many of the challenges discussed at the workshop reflects challenges  in capacity, “so  there is going to be more focus on training, institutional engagements, we have the police, the prisons, the judiciary, the bench, social protections, how do they function on a more comprehensible coordinate  factions;  all   those areas are part and parcel  of UNICEF programmes  and commitment to supporting full implementation of the Child Rights Act. And it has been fully discussed here”.

    Guthrie said UNICEF’s  first state of support will be to assist and learn from other states the best practice to domesticate the Act; thereafter assist  in putting the various institutions in place and  of course building the capacity of various stakeholders responsible  under the new law. She said that the three states at the workshop have committed to taking the issue raised starting from September, this year.

    Director, Child Protection Solutions, Mr. Taiwo Akinlami, one of the stakeholders from Lagos, described the workshop as the  coming together of experts to discuss the justice sector. It is a big project that we want to reform the justice sector for quick and justiciable service delivery.  He said stakeholders came to look at critical issues of  justice reforms as it relates to  children in Lagos, Bayelsa and Cross River states as it affects the implementation of the law.

    “The making the law, the enforcement and the implementation of the law, all the key sectors were represented in the workshop. Through the workshop, we have come to identify that in Bayelsa, there is no law and they are saying that between now and September, they are going to come up with the law. We have also been able to find out that in Cross river, the family  court that sat only one year and is no more  sitting, they are going to look back to their budgetary provisions and put their house in order.

    “We have also been  able to  discover that in Lagos, we have offences that not  have punishments, for example child defilement, child rape is an offence under the law but it is not criminalised.   We have a situation where we are not able to charge offenders appropriately  under that law and so we have to use the criminal code. The  criminal code, by not making specific provisions as it affects the severity of punishment, which the Child Rights Act has recommended. For example  Child molestation,  that is rape ,is life imprisonment.  Any form of abuse is 14 years’ imprisonment. If we are able to bring it to bare here it will help.”

    Justice Doris. E Adokeme of the Bayelsa State High Court, said since  the state appears to be  the only one that has not enacted the Child Rights law,  they have  to ensure that the law is enacted soon.

    She also stressed the need  for the state to do  proper sensitisation since the public  is  not well sensitised in the knowledge of the law.

    “In Bayelsa, we will soon establish Family Courts. She, however, counselled that  in  states, where they have family court, victims should  go there get redress of the issue. As I said every  court will give redress to any infringement of  the Child Rights Act.